Wis. Stat. § 893.05 : PROVISIONS COMMON TO ACTIONS AND PROCEEDINGS IN ALL COURTS — LIMITATIONS OF COMMENCEMENT OF ACTIONS AND PROCEEDINGS; PROCEDURE FOR CLAIMS AGAINST GOVERNMENTAL UNITS — COMMENCEMENT, COMPUTATION, ACTION IN NON-WISCONSIN FORUM AND MISCELLANEOUS PROVISIONS — Relation of statute of limitations to right and remedy

When the period within which an action may be commenced on a Wisconsin cause of action has expired, the right is extinguished as well as the remedy.

Wis. Stat. § 893.05

1979 c. 323.

The expiration of the limitations period extinguishes the cause of action of the potential plaintiff and it also creates a right enjoyed by the would-be defendant to insist on that statutory bar. A defendant, having acquired a right to assert the statute of limitations bar by operation of law, would suffer plain legal prejudice if a plaintiff's motion for voluntary dismissal were granted. Wojtas v. Capital Guardian Trust Co., 477 F.3d 924 (2007).

SECTIONS